KANNAN, S/O N.KUNHIRAMAN Vs. V. KOCHUKRISHNAN

JUDGEMENT

(1.) THE present Revision Petition is filed by the Petitioner, Shri Kannan, challenging the order passed by the Kerala State Consumer Disputes Redressal Commission (in short, 'State Commission ') on 22.12.2012 in Appeal No. 254 of 2007 in which the State Commission has reversed the well considered order of the District Consumer Dispute Redressal Forum, Kannaur (in short, 'District Forum '). The State Commission allowed the Appeal filed against the order of the District Forum in Complaint No. 229/2001 dated 05.12.2006.

(2.) FACTS of this Revision Petition are: The Petitioner, a coolie, sustained dislocation of the left ankle. Dr. Damodaran who was the Orthopedic surgeon at OP -2 hospital tried to correct the dislocation after taking X -ray and his left foot was put under bandage. Thereafter, on the next day, pain increased and Dr. Damodaran referred the Complainant to Ashoka Hospital, Kannuar for better treatment. At Ashoka Hospital, the Complainant was treated by operation of open reduction and internal fixation and steel rod was fixed inside the left foot, and was hospitalized for 3 weeks. After getting discharged from the Ashoka Hospital, there was an external patch at the operated side and the Complainant approached the OP -1. As per advice of OP -1, plastic surgery by implanting skin from the right leg was performed on the Complainant at OP -2 hospital. The Complainant remained in the hospital for 21 days as he was unable to move his leg. Complainant paid Rs 21000/ - in total (Rs.14,000/ - + Rs.7,000/ -). The pain was increasing day by day. The OP -1 was not available for 3 days as he was on tour. Meanwhile, a portion of the steel rod automatically got detached and the wound started bleeding. The Complainant suffered pain and mental agony and ultimately OP -1 removed the existing rod and fixed new rod in the left ankle. The Complainant was put under plaster and the pain started increasing. Every time the Complainant was charged by OP -1 for Rs.500/ - to Rs.800/ - for his check - up. On 15.08.1999, the Complainant felt that his left foot was hanging and he was not in a position to keep the left foot straight. The OP -1 told the Complainant that infection had developed inside and operation was required. Hence, the Complainant was subjected to another operation and the Complainant remained in the hospital of the OP -2, for 27 days. The Complainant was asked to pay Rs.3,000/ - more. Hence, alleging deficiency in service, the complainant filed a complaint before District Forum.

(3.) HENCE , aggrieved by the order of District Forum, the OPs filed an appeal before the State Commission. The State Commission, after hearing both the parties and considering the evidence on record, allowed the appeal and dismissed the complaint.